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RELEVANT ADMINISTRATIVE POL8ICIES, RULES AND REGULATIONS:

II. DOT Regulations

The DOT has had personnel rules and regulations all employees must follow.

The guidelines are enforced with a zero tolerance policy that provides a punishment for

any infraction.. Such punishment is to determined according to the nature and extent of the offense

A. Section 1 – Personnel Administration; Rule 2.2

No employee in any supervisory capacity shall request political contributions from any

employee under their supervision or any contractor who conducts business with the DOT.

B. Section 1 – Personnel Administration; Rule 2.5

No Employee may engage in any of the following misconduct during work hours:

1. Political campaign work

2. Performing work for any personal business operation

3. Using the DOT facilities to engage in religious counseling

4. Using DOT equipment, such as computers, printers, scanners,

fax machines, and communication devices, for any non-governmental

(D.O.T.)activity.

C. Section 2 – Gifts & Payments; Rule 3.4

No employee may solicit or accept any gifts or money from parties conducting business

with the DOT.

D. Section 1-Personnel Administrative Rule 3.0

No D.O.T. employee in a supervisory capacity may solicit, compel authorize or accept from anyone under their supervision work of a nongovernmental (D.O.T.) nature

Violation of any of the above stated policies may subject the D.O.T. employee to suspension, loss of pay or termination in accordance with procedures established either by statute or pre-negotiation union
agreement
.


RELEVANT CRIMINAL STATUTES:


Penal Law Section 200.00

A person is guilty of bribery when he confers, or offers or agrees to confer any benefit upon a public servant upon an agreement or understanding that such public servant’s vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.


Penal Law Section 200.10

A public servant is guilty of bribe receiving when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.


Penal Law Section 200.30

A person is guilty of giving an unlawful gratuity when he knowingly confers or offers or agrees to confer a benefit upon a public servant for having engaged in official conduct which he/she was required or authorized to perform, and for which he /she was not entitled to any special or additional compensation.


Penal Law Section 200.35

A public servant is guilty of receiving an unlawful gratuity when he/she solicits, accepts or agrees to accept any benefit for having engaged in n0official conduct which he/she was required or authorized to perform, and for which he/she was not entitled to any special or additional compensation.


Penal Law Section 265.01 (an abridged version)

A person is guilty of Criminal possession of a weapon in the fourth degree when he/she possesses a loaded firearm (including a pistol or revolver) without a permit to possess such weapon.


Penal Law Section XXX.XX

A person is guilty of possessing pornographic material involving children under the age of seventeen years of age, when knowing the character and content thereof, he/she possess such materials.


SOME RELEVANT GENERAL LEGAL PRINCIPLES…



!. A person may be offered immunity from prosecution in exchange for cooperation in the form of agreeing to provide truthful testimony against another individual including a possible accomplice or co-conspirator.

2. The 4th Amendment protects individuals against unreasonable searches and seizures protecting individual’s reasonable expectation of privacy. Upon a showing of probable cause to believe…

A. A crime has been committed

B. There is evidence of that crime

C. A such of the premises/item requested to be search will yield evidence of the crime

A search warrant may be granted to conduct the search, over-riding the individual’s right to privacy.

*** If there are exigent circumstances such as the possible imminent destruction of evidence, such search may be conducted without the obtaining of a warrant…but such search must still be justified on that same basis of probable cause.

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